(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon shall apply to the sheriff of his or her county for
the license, and pay to the sheriff, at the time of application, a
fee of $75, of which $15 of that amount shall be deposited in the
Courthouse Facilities Improvement Fund created by section six,
article twenty-six, chapter twenty-nine of this code. Concealed
weapons permits may only be issued for pistols or revolvers. Each
applicant shall file with the sheriff a complete application, as
prepared by the Superintendent of the West Virginia State Police,
in writing, duly verified, which sets forth only the following
licensing requirements:

(1) The applicant's full name, date of birth, Social Security
number, a description of the applicant's physical features, the
applicant's place of birth, the applicant's country of citizenship
and, if the applicant is not a United States citizen, any alien or
admission number issued by the United States Bureau of Immigration
and Customs enforcement, and any basis, if applicable, for an
exception to the prohibitions of 18 U. S. C. § 922(g)(5)(B);

(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made and has a valid driver's license or other
state-issued photo identification showing the residence;

(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions
of this section requiring new applicants to be at least twenty-one
years of age: Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed weapon as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return his or her license to
the issuing sheriff;

(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug and is not an unlawful user thereof
as evidenced by either of the following within the three years
immediately prior to the application:

(A) Residential or court-ordered treatment for alcoholism or
alcohol detoxification or drug treatment; or

(B) Two or more convictions for driving while under the
influence or driving while impaired;

(5) That the applicant has not been convicted of a felony
unless the conviction has been expunged or set aside or the
applicant's civil rights have been restored or the applicant has
been unconditionally pardoned for the offense;

(6) That the applicant has not been convicted of a misdemeanor
crime of violence other than an offense set forth in subsection (7)
of this section in the five years immediately preceding the
application;

(7) That the applicant has not been convicted of a misdemeanor
crime of domestic violence as defined in 18 U. S. C. § 921(a)(33),
or a misdemeanor offense of assault or battery either under the
provisions of section twenty-eight, article two of this chapter or
the provisions of subsection (b) or (c), section nine, article two
of this chapter in which the victim was a current or former spouse,
current or former sexual or intimate partner, person with whom the
defendant cohabits or has cohabited, a parent or guardian, the
defendant's child or ward or a member of the defendant's household
at the time of the offense, or a misdemeanor offense with similar
essential elements in a jurisdiction other than this state;

(8) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of
any jurisdiction;

(9) That the applicant has not been adjudicated to be mentally
incompetent or involuntarily committed to a mental institution. If
the applicant has been adjudicated mentally incompetent or
involuntarily committed the applicant must provide a court order
reflecting that the applicant is no longer under such disability
and the applicant's right to possess or receive a firearm has been
restored;

(10) That the applicant is not prohibited under the provisions
of section seven of this article or federal law, including
18 U.S.C. § 922(q) or (n), from receiving, possessing or
transporting a firearm;

(11) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing the weapon: Provided, That this requirement
shall be waived in the case of a renewal applicant who has
previously qualified; and

(12) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct an investigation relative to the
information contained in the application.

(b) For both initial and renewal applications, the sheriff
shall conduct an investigation including a nationwide criminal
background check consisting of inquiries of the National Instant Criminal Background Check System, the West Virginia criminal
history record responses and the National Interstate Identification
Index and shall review the information received in order to verify
that the information required in subsection (a) of this section is
true and correct. A license may not be issued unless the issuing
sheriff has verified through the National Instant Criminal
Background Check System that the information available to him or
her does not indicate that receipt or possession of a firearm by
the applicant would be in violation of the provisions of section
seven of this article or federal law, including 18 U.S.C. § 922(g)
or (n).

(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. The fund shall be administered by the sheriff
and shall take the form of an interest-bearing account with any
interest earned to be compounded to the fund. Any funds deposited
in this concealed weapon license administration fund are to be
expended by the sheriff to pay the costs associated with issuing
concealed weapons licenses. Any surplus in the fund on hand at the
end of each fiscal year may be expended for other law-enforcement
purposes or operating needs of the sheriff's office, as the sheriff
considers appropriate.

(d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful
completion of any of the following courses fulfills this training
requirement:

(1) Any official National Rifle Association handgun safety or
training course;

(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors certified by the institution;

(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association;

(4) Any handgun training or safety course or class conducted
by any branch of the United States Military, Reserve or National
Guard or proof of other handgun qualification received while
serving in any branch of the United States Military, Reserve or
National Guard.

A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught the course or
class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class is evidence of qualification under this section.

(e) All concealed weapons license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.

(f) The sheriff shall issue a license unless he or she
determines that the application is incomplete, that it contains
statements that are materially false or incorrect or that applicant
otherwise does not meet the requirements set forth in this section.
The sheriff shall issue, reissue or deny the license within forty-
five days after the application is filed if all required background
checks authorized by this section are completed.

(g) Before any approved license is issued or is effective, the
applicant shall pay to the sheriff a fee in the amount of $25 which
the sheriff shall forward to the Superintendent of the West
Virginia State Police within thirty days of receipt. The license
is valid for five years throughout the state, unless sooner
revoked.

(h) Each license shall contain the full name and address of
the licensee and a space upon which the signature of the licensee
shall be signed with pen and ink. The issuing sheriff shall sign
and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size
similar to other state identification cards and licenses, suitable
for carrying in a wallet, and the license card is considered a
license for the purposes of this section.

(i) The Superintendent of the West Virginia State Police shall
prepare uniform applications for licenses and license cards showing
that the license has been granted and shall do any other act
required to be done to protect the state and see to the enforcement
of this section.

(j) If an application is denied, the specific reasons for the
denial shall be stated by the sheriff denying the application. Any
person denied a license may file, in the circuit court of the
county in which the application was made, a petition seeking review
of the denial. The petition shall be filed within thirty days of
the denial. The court shall then determine whether the applicant
is entitled to the issuance of a license under the criteria set
forth in this section. The applicant may be represented by
counsel, but in no case is the court required to appoint counsel
for an applicant. The final order of the court shall include the
court's findings of fact and conclusions of law. If the final
order upholds the denial, the applicant may file an appeal in
accordance with the Rules of Appellate Procedure of the Supreme
Court of Appeals.

(k) If a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for
a fee of $5 by filing a notarized statement with the sheriff
indicating that the license has been lost or destroyed.

(l) Whenever any person after applying for and receiving a
concealed handgun license moves from the address named in the
application to another county within the state, the license remains
valid for the remainder of the five years: Provided, That the
licensee within twenty days thereafter notifies the sheriff in the
new county of residence in writing of the old and new addresses.

(m) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the Superintendent of the West
Virginia State Police a certified copy of the approved application.
The sheriff shall furnish to the Superintendent of the West
Virginia State Police at any time so requested a certified list of
all licenses issued in the county. The Superintendent of the West
Virginia State Police shall maintain a registry of all persons who
have been issued concealed weapons licenses.

(n) Except when subject to an exception under section six,
article seven of this chapter, all licensees shall carry with them
a state-issued photo identification card with the concealed weapons
license whenever the licensee is carrying a concealed weapon. Any
licensee who, in violation of this subsection, fails to have in his
or her possession a state-issued photo identification card and a
current concealed weapons license while carrying a concealed weapon is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $50 or more than $200 for each offense.

(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.

(p) A person who is engaged in the receipt, review or in the
issuance or revocation of a concealed weapon license does not incur
any civil liability as the result of the lawful performance of his
or her duties under this article.

(q) Notwithstanding the provisions of subsection (a) of this
section, with respect to application by a former law-enforcement
officer honorably retired from agencies governed by article
fourteen, chapter seven of this code; article fourteen, chapter
eight of this code; article two, chapter fifteen of this code; and
article seven, chapter twenty of this code, an honorably retired
officer is exempt from payment of fees and costs as otherwise
required by this section. All other application and background
check requirements set forth in this shall be applicable to these
applicants.

(r) Except as restricted or prohibited by the provisions of
this article or as otherwise prohibited by law, the issuance of a
concealed weapon permit issued in accordance with the provisions of
this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.